BILL NUMBER: AB 947	CHAPTERED  07/13/99

	CHAPTER   116
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   MAY 17, 1999

INTRODUCED BY   Assembly Member Lempert

                        FEBRUARY 25, 1999

   An act to amend Section 31469.5 of the Government Code, relating
to county employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 947, Lempert.  County employees:  retirement:  benefits.
   The County Employees Retirement Law of 1937 authorizes San Mateo
County to provide optional safety status for specified probation
officers.
   This bill would authorize the board of supervisors to adopt the
definition of final compensation utilizing the highest year salary.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31469.5 of the Government Code is amended to
read:
   31469.5.  (a) This section shall be applicable in the retirement
system of any county of the 10th class, as defined by Sections 28020
and 28031, as amended by Chapter 1204 of the Statutes of 1971, if the
board of supervisors executes a memorandum of understanding with the
employee representatives and adopts, by majority vote, a resolution
providing for safety status for probation officers, as provided in
Section 31469.4.
   (b) The purpose of this section is to provide optional safety
status for probation officers employed on or before March 1, 1991.
Notwithstanding Section 31558.6, that option shall be exercised
within 120 days from the effective date of the implementation of
Section 31469.4, together with the option to receive credit as a
safety member for all or part of the time during which his or her
duties would have made him or her eligible to become a safety member,
if this section had then been in effect.
   (c) Except as otherwise provided in this section, the retirement
benefits of existing probation officers who elect to transfer from
general membership in the county retirement system to safety
membership shall be implemented pursuant to Section 31484.5, except
that:
   (1) The definition of final compensation in Section 31462.1 shall
no longer apply to probation officers electing safety status;
instead, the definition of final compensation in Section 31462 shall
apply at the date of retirement to all credited safety service
regardless of previous service under Section 31462.1.  However, the
board of supervisors may adopt a resolution providing that the
definition of final compensation contained in Section 31462.1 shall
apply to certain probation officers electing safety status and as
specifically identified in the resolution and who are retiring on or
after the date specified in the resolution.
   (2) For employees entitled to a cost-of-living adjustment upon
retirement, Article 16.5 (commencing with Section 31870) shall apply,
except that the increase in the allowance shall not exceed a maximum
amount of 3 percent in any given year credited as safety membership.
  An employee who elects safety retirement under Section 31469.4 and
who thereby waives his or her entitlement to a higher cost-of-living
allowance shall be deemed to have waived the higher cost-of-living
allowance with regard to all previous service credited as safety
service at the date of retirement, regardless of previous service
under any other provision and shall be deemed to have relinquished
any right to the higher cost-of-living allowance without refund of
contributions therefor, except as determined by the board of
supervisors.
   (3) An employee who elects safety retirement under Section 31469.4
may elect to receive credit as a safety member for all or part of
the time during which his or her duties would have made him or her
eligible to become a safety member if this section had then been in
effect as provided in Section 31639.7, except that an election to
receive part credit may be exercised only in multiples of five years
of service.  A member who elects to receive credit for only a part of
that county service shall elect that county service latest in time
and may not receive credit for any portion of county service prior in
time to any county service for which he or she does not elect to
received credit.
   (4) A member not previously within the safety membership category
who elects to receive credit for all or part of the time during which
the member's duties would have made him or her eligible to become a
safety member if this section had then been in effect shall pay into
the retirement system the amount that would have had to be
contributed by the employer to fund the employer's liability for
safety membership and an amount equal to the difference between the
employee's contributions actually made during the time for which he
or she claims credit and the contributions the member would have made
during that period if he or she had been in safety status during
that period.
   (d) All probation officers in Tier III who elect to transfer from
general membership in the county retirement system to safety
membership pursuant to this section shall be placed in Tier II
regardless of their status prior to selecting Tier III benefits.
   (e) All persons hired after the effective date of implementation
of Section 31469.4 shall, upon retirement, have his or her
cost-of-living allowance and final compensation computed in
accordance with this section.
